A Turkish court has ruled in favor of author Mine Kırıkkanat in a high-profile plagiarism lawsuit against bestselling novelist Elif Şafak, finding ample similarities between Şafak’s 2010 novel “bit Palas” (“Teh Palace of Longing”) and Kırıkkanat’s 2002 work, “Sinek Sarayı” (“The Fly Palace”). The Istanbul Regional Court of appeal’s decision, delivered february 22nd, reverses a previous ruling and centers on expert testimony identifying parallels in plot, character growth, and overall structure. The case has ignited debate within Turkey’s literary community, with Şafak’s publisher, Doğan Kitap, vowing to appeal to the Court of Cassation and warning the ruling could stifle creative work.
A Turkish court has ruled in favor of author Mine Kırıkkanat in a plagiarism lawsuit against bestselling novelist Elif Şafak, finding that Şafak’s novel “Bit Palas” (“The Palace of Longing”) went “beyond inspiration” in its similarities to Kırıkkanat’s “Sinek Sarayı” (“The Fly Palace”). The decision, handed down by the Istanbul Regional Court of Appeal on February 22, was based on a report from expert witnesses detailing parallels in plot, characters, and structure.
Kırıkkanat announced the ruling on her social media account, stating she was pleased with the court’s decision to award both material and non-material damages and that the defendants’ appeal had been rejected. “I am happy with this decision, which contributes to the protection of labor, intellectual property, and copyright,” she wrote. “I consider this outcome important on behalf of all writers who defend their rights.” She added, “The value of labor will eventually find its place.”
Support from Literary Community
Numerous writers, including Afşin Kum, Ayfer Tunç, Alper Canıgüz, Başar Başaran, Hakan Bıçakçı, and Zülfü Livaneli, issued statements of support for Şafak. In a joint statement, they argued that disputes between authors should be examined with “a serious and calm approach, based on ethical and legal processes that meet international standards.” They added, “We do not believe that discussions about literature should be decided by criteria outside of literature.”
Doğan Kitap Responds
According to Gazete Oksijen, Doğan Kitap, Şafak’s publisher, released a statement saying they do not accept the court’s decision and will continue to pursue legal action. The statement emphasized that Şafak was accused of using only 5% of shared words and themes, calling the accusation “comical and baseless.” The publisher reacted strongly to the ruling, stating, “If art and literary works are approached in this way, literature can no longer be produced in this country.”
Kırıkkanat had alleged that Şafak’s “Bit Palas” plagiarized her “Sinek Sarayı.” Şafak dismissed the claims as “an absurd slander.”
Doğan Kitap’s full statement reads:
As Doğan Kitap Publishing House, we are proud to have been publishing the books of one of the most powerful pens in Turkish and world literature, Elif Şafak, for over twenty years. We do not accept the 5% plagiarism decision issued by the 16th Court of Appeal against our author and announce to the public that we will continue our legal struggle. Our author is being accused, in an absurd and surreal manner, of using 5% common words and themes. This comical and baseless accusation targets not only our author but the entire literature and art community. If art and literary works are approached in this way, literature can no longer be produced in this country.
The unfair accusations and personal attacks that Mine Kırıkkanat has been making against one of the most distinguished and beloved writers in Turkish and world literature for years are known to the entire literary world. The meaninglessness of Kırıkkanat’s claims in terms of literature, the fact that Elif Şafak’s book is an original and powerful novel, was presented to the public and the court with strong reports written by respected writers, translators, academics, and critics of Turkish literature. Anyone can open and read them.
In addition, reports from legal experts specializing in copyright law, who serve at important universities in Turkey, were included in the petition. Nearly 150 respected literary figures in the country came together and issued a joint statement expressing their support for Elif Şafak and stating how this situation harms literature and how it has turned into a lynching campaign outside of literature. Despite all this, the Istanbul Anatolian 1st Intellectual and Industrial Property Rights Court rejected our objection without reading it in detail, even without providing a justification.
We believe that this decision, based solely on the 5% report given by a single “expert” whose expertise is highly questionable, will be overturned by the Court of Cassation and that justice will prevail.
It is ironically noted in the aforementioned “expert” report that there is no similarity between the two novels – not a single page, paragraph, or sentence. Yet, strangely, similarities are being sought between words. These are topics and words that everyone and every writer already uses, such as “street,” “cigarette,” “apartment,” “architecture,” “Istanbul,” “garbage,” “cat,” “balcony,” and “cigarette.” Words belong to a nation. They are not the monopoly of anyone. Therefore, words like “garbage” or “cat” or “apartment” cannot be the exclusive property or possession of Mine Kırıkkanat. If literature is approached with such a terrible and absurd mindset, everyone can sue everyone tomorrow and the entire literature and art community will be unable to produce works.
Unfortunately, the 16th Court of Appeal did not examine the file in detail and read the expert reports submitted, but simply copied the statements of the dubious expert. This unfortunately constitutes a situation that serves the increasing perception of injustice and lawlessness in Turkey in recent times.
We would like everyone to know that we will continue to defend our author’s rights against this unfounded decision, that we will take this mind-boggling case to the Court of Cassation, and that we will fight to the end through legal means until justice is served.
We are people who have dedicated our entire lives to books, literature, and art. Elif Şafak is one of the most valuable pens in Turkish and world literature. We will not allow anyone to harm her and the works we are proud to publish for personal gain.
This is announced to the public.
Source: Gazete Oksijen
